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United States v. Williams

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Submitted: May 14, 2009

Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

Cortez L. Williams was convicted by a jury of one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and sentenced to forty-six months’ imprisonment and three years’ supervised release. Before trial, the district court*fn1 denied Williams’s motions to suppress evidence and to dismiss the indictment. Williams appeals his conviction, arguing that the district court erred in denying his motion to suppress the firearm because the officers who arrested him impermissibly conducted a protective sweep of his home. Williams also contends that the district court erred in denying his motion to dismiss the indictment because the firearm was destroyed before trial in violation of his Fifth Amendment rights. We affirm.

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